Wooley v. Moore
Supreme Court of New Jersey
On demurrer to declaration. : The declaration sets out a bond from Charles Miller to William H. Robinson; its assignment by Robinson' to James A. Punderferd; a guaranty of the payment of the sum named in the bond made by defendant’s testator in1 writing under seal, and’ a subsequent assignment of the bond to plaintiffs’ testator. Recovery is sought upon the guaranty.
1Opinion of the Court
The opinion of the court was delivered by
Mague, Chief Justice.
Two questions are presented by this demurrer and the briefs filed by counsel.
The first question is, upon the right of plaintiffs to maintain their action upon the guaranty of defendant’s testator in their own names.
As the assignment of the bond, which was the subject of such guaranty, to the plaintiffs’ testator was made before the passage of the amendment of section 19 of the Practice act *17by the supplement approved March 4th, 1890, the terms of that section as amended are not involved, for it has been held in this court not to…
2Cases cited3 opinions
- Craig v. . ParkisNew York Court of Appeals · 1869
- Lemmon v. StrongSupreme Court of Connecticut · 1890
- Lydecker v. BabcockSupreme Court of New Jersey · 1893
3Cited by2 opinions
- Hyman v. Sun Ins. Co.New Jersey Superior Court Appellate Division · 1961
- Bell v. KatesSupreme Court of New Jersey · 1941